Although it should not have mattered, judges rolling a nine more often gave higher
sentences than the judges who rolled a three.
Not exact matches
Judge Vince Chhabria questioned whether the
sentence of seven years and 10 months that prosecutors were seeking for Baratov was longer
than what other hackers had received for similar crimes.
Note that the
judge in this case would have had the same range of
sentencing options if the dollar amount at the heart of this case had been $ 3.15 rather
than $ 3,150.
On Thursday, the
judge issued a one -
sentence notice to parties to the to the suit, which include the U.S. Chamber of Commerce, the Securities Industry and Financial Markets Association, the Financial Services Institute and others, that she intends to rule no later
than Feb. 10.
Overstepping Her Bounds: By condoning vengeance, the
judge who
sentenced Larry Nassar, the former USA Gymnastics doctor who sexually abused more
than 160 young girls, crossed an important line.
Judge Baugh
sentenced Rambold to 30 days in prison, saying that the girl, Cherice Moralzez, was «as much in control of the situation» as her teacher was and that she was «older
than her chronological age,» whatever that even means.
He could receive a maximum of five years (no
sentencing date has been set), but it's more likely that if
Judge Edward Coleman
sentences him to any jail time at all, it will be less
than a year, which would be served in county jail instead of in a state penitentiary.
Former NYPD Commissioner Bernie Kerik thinks he's doing more time
than necessary because the
judge who
sentenced him took his case «personally.»
In May 2016,
Judge Valerie E. Caproni
sentenced the former Albany power broker to 12 years in prison, fined him $ 1.75 million, and ordered that he forfeit more
than $ 5 million in what the prosecution said were ill - gotten gains.
NOTE: When I say that «didn't pan out», I mean that
judges still don't have full
sentencing discretion, although it has been pointed out to me that they have more
than they used to before reforms were undertaken).
Silver, who was
sentenced in May to 12 years in prison, along with a fine and forfeiture of more
than $ 6 million, was initially ordered to start his jail time in July, but
Judge Valerie Caproni agreed to push the date to Aug. 31, to wait for the McDonnell ruling, allowing that it could affect Silver's appeal efforts.
Silver offered an emotional apology to the
judge who will
sentence him next month, saying in a letter that he had «failed the people of New York,» adding: What I have done has hurt the Assembly, and New York, and my constituents terribly, and I regret that more
than I can possibly express.»
The Malliotakis bill, sponsored by Sen. Marty Golden (R - Brooklyn) in the Senate, would prohibit
judges from
sentencing people with more
than two felonies to drug diversion treatment programs instead of jail time.
Today, Falcone was promised a
sentence today of no worse
than five years of probation by visiting
Judge Robert Bauer.
Skelos was also fined $ 500,000 - far more
than federal
sentencing guidelines recommended - and the
judge ordered Skelos and his son to jointly forfeit another $ 334,120 in assets.
In a speech to a group of New York lawyers, a federal
judge from Brooklyn assailed the criminal justice system in which he has worked for more
than 40 years, saying that the country had to «jettison the madness of mass incarceration» and find an alternative to overly punitive
sentencing to address the problem of crime.
A federal
judge in Brooklyn, in an extraordinary opinion that calls for courts to pay closer attention to how felony convictions affect people's lives,
sentenced a woman in a drug case to probation rather
than prison, saying the collateral consequences she would face as a felon were punishment enough.
The
judge in his ruling based his conviction of the former Governor on section 58 (5) of the Public Procurement Acts, saying «the law hands of the laws are tied to convict any person found guilty of breach of procurement acts to be
sentenced to less
than five years imprisonment.
Trump's former national security adviser, Michael Flynn, will face a different
judge to be
sentenced than the one who took Flynn's guilty plea to a felony false statement charge last week, court records show.
Federal prosecutors asked a
judge to
sentence former state Senate Majority Leader Dean Skelos to at least 12 years in prison, following his conviction on eight counts of public corruption charges, and asked that Skelos» son, Adam, be
sentenced to more
than 10 years.
The
sentence for Dean Skelos was significantly lower
than prosecutors had asked for, and the
judge noted that the dollar value in the case «pales in comparison» to that of New York Assembly Speaker Sheldon Silver, who was
sentenced to 12 years in prison in his bribery case this month.
Lord Taylor of Warwick has become the first peer to be jailed over the parliamentary expenses scandal after a
judge sentenced him to 12 months in prison on Tuesday for claiming more
than # 11,000 in false travel and overnight subsistence allowances.
In the court documents, prosecutors said that a range of 22 to 27 years in prison would not be «unreasonable» and asked the federal
judge to impose prison time «greater
than any
sentence imposed on other New York state legislators convicted of public corruption offenses.»
Federal prosecutors asked a
judge on Monday to
sentence former state Senate majority leader Dean Skelos to at least 12 years in prison, following his conviction in February on eight counts of public corruption charges, and asked that Skelos» son, Adam, be
sentenced to more
than 10 years.
He's asked the
judge to
sentence Silver to substantially more
than the 10 years in prison that was recommended by the court's probation office.
In accepting the plea, Erie County
Judge Kenneth F. Case agreed to
sentence Kuebler, 27, to no more
than an indeterminate 1 to 3 years in state prison.
U.S. District Senior
Judge Thomas J. McAvoy will rely on federal
sentencing guidelines if he
sentences Scarborough, and must publicly state his justifications if he
sentences the lawmaker to less or more time
than are called for in the guidelines, which take into account factors such as a defendant's criminal history and acceptance of responsibility for their crimes.
The statement adds that «the monocratic judgment on this
sentence leaves us puzzled» — a reference to the fact that only one
judge was involved — and says the penalties are mild and «symbolic rather
than anything else.»
This decision by the
judge rests on one legal tenet, and one tenet only, as noted by Martin within the last
sentence of the first paragraph: ``... all because he reported on a significant defect verbally, rather
than in writing.»
This would not happen, obviously, in Sweden or New Zealand or anywhere else, but even by the standards of American courtrooms it was unusual:
Judge Katherine Forrest gave Ulbricht a tougher
sentence than the prosecution had asked for.
And as is clear from other
sentences, they
judge the point value most likely is in the middle of that range
than at either end.
The
judge, whose blood - alcohol level tested at more
than twice the legal limit afterwards, was
sentenced to three years» unsupervised probation and fined $ 1,000.
Last year, shortly before imposing a criminal contempt
sentence on a mother who had repeatedly and blithely interfered with my client's visitation, the
judge asked her: «Do you love your child more
than you hate the other parent?»
Khawaja, an Ottawa software developer, was appealing his conviction while the Crown cross-appealead, asking the court to impose a life
sentence rather
than the 10-1/2 years imposed by trial
judge Justice Douglas J. A. Rutherford of the Superior Court of Justice on Oct. 24, 2006.
Some
judges are very specific and will say: «I will send your client to prison for no more
than X number of years» or «I will not send your client to prison,» or «I will
sentence the client to jail for up to 365 days.»
Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial
judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and
sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial
judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion
than as stated by victim — Having provided reasons for accepting victim's evidence, trial
judge was entitled to reject accused's evidence — Trial
judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.
Where prosecutors convince a
judge to
sentence such as youth as an adult, their eligibility for parole begins after 10 years, rather
than the 25 years that applies to adults.
I suppose that, the Honorable Sim Lake, as a committee chair for the US
Sentencing Commission, is allowing his personal allegience to the claimed «reasonableness» of the
Sentencing guidelines and his personal interest in supporting his own previous ruling of «loss» in this case is getting in the way of his duty to be a
judge (rather
than the head of the prosecution team in this specific matter).
Aaron, I think that the majority opinion expressly rejects
Judge Young's logic in the Griffith opinion: It is acceptable for «the sentencing judge [to] impos [e] a sentence higher than the Guidelines provide for the jury - determined facts standing alone.&r
Judge Young's logic in the Griffith opinion: It is acceptable for «the
sentencing judge [to] impos [e] a sentence higher than the Guidelines provide for the jury - determined facts standing alone.&r
judge [to] impos [e] a
sentence higher
than the Guidelines provide for the jury - determined facts standing alone.»
Once the score sheet is tallied, any total point value of less
than 44 means that prison is not required, even though the
judge may still chose to impose a prison
sentence.
Can someone explain the meaning of this
sentence on page 14 of the majority opinion: «As far as the law is concerned, the
judge could disregard the Guidelines and apply the same
sentence (higher
than the statutory minimum or the bottom of the unenhanced Guidelines range) in the absence of the special facts (say, gun brandishing) which, in the view of the
Sentencing Commission, would warrant a higher
sentence within the statutorily permissible range.»
This is not always the case however and for various reasons
judges may order a
sentence that is lighter
than what one would expect.
Many have mandatory minimum
sentencing requirements, which means the
judge can not impose less
than the minimum.
As
sentencing is a matter for the
judge in English law, giving the
sentence of Imprisonment for Public Protection (IPP) rather than an Extended Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum sentence for the appellant's crime was the same under either IPP
sentence of Imprisonment for Public Protection (IPP) rather
than an Extended
Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum sentence for the appellant's crime was the same under either IPP
Sentence for Public Protection (EPP) was lawful, and did not offend against the principle of «lex mitior» as the maximum
sentence for the appellant's crime was the same under either IPP
sentence for the appellant's crime was the same under either IPP or EPP.
Some
judges, he said,
sentenced defendants to prison 30 percent of the time and other defendants more
than 60 percent of the time for similar crimes.
Half a century after the civil rights movement, trial
judges throughout Florida
sentence blacks to harsher punishment
than whites, a Herald - Tribune investigation found.
Seems to me that the answer is easy in one sense: if the effects of a given crime are really worse in one area
than in another, Gall discretion surely allows a
sentencing judge to impose a different
sentence as a result.
Even a very incomplete list gives an impression of the large number of significant opinions he has written: seminal administrative law cases such as Chevron v. NRDC and Massachusetts v. EPA, the intellectual property case Sony Corp v. Universal City Studios (which made clear that making individual videotapes of television programs did not constitute copyright infringement), important war on terror precedents such as Rasul v. Bush and Hamdan v. Rumsfeld, important criminal law cases such as Padilla v. Kentucky (holding that defense counsel must inform the defendant if a guilty plea carries a risk of deportation) and Atkins v. Virginia (which reversed precedent to hold it was unconstitutional to impose capital punishment on the mentally retarded), and of course Apprendi v. New Jersey (which revolutionized criminal
sentencing by holding that the Sixth Amendment right to jury trial prohibited
judges from enhancing criminal
sentences beyond statutory maximums based on facts other
than those decided by a jury beyond a reasonable doubt).
Black, 63, a Canadian - born member of the British House of Lords renowned for his flamboyant way with words, had faced up to slightly more
than 8 years in prison under
sentencing guidelines determined earlier Monday by U.S. District
Judge Amy J. St. Eve.
The Rita opinion for the Court further explains that «where
judge and Commission both determine that the Guidelines
sentences is an appropriate
sentence for the case at hand, that
sentence likely reflects the § 3553 (a) factors (including its «not greater
than necessary» requirement).»